Sexual violence in Puerto Rico: what to do now, and how the law defines each offence

The Puerto Rico Penal Code defines sexual assault as carrying out, or causing another person to carry out, an orogenital act or sexual penetration — vaginal or anal, whether genital, digital or instrumental — in any of these circumstances: if the victim’s capacity to consent was diminished, without their consent or knowledge, by hypnotic, narcotic, depressant or stimulant means; if they were forced into the act by physical force, violence or intimidation; if at the time they lacked capacity to consent and the aggressor knew it; if they consented because they were deceived about the aggressor’s identity and believed it was someone else; if they are under 16 years of age; or if because of illness or mental incapacity they cannot understand the act at the time it occurs.

The immediate steps apply to anyone who has been a victim of sexual violence. The four Penal Code offences are distinguished as follows: lewd acts are those in which, without attempting to consummate sexual assault, another person is subjected to an act tending to arouse, excite or satisfy the accused’s sexual passion or desires. Sexual harassment arises in an employment, teaching or service-provision relationship, and involves soliciting sexual favours for oneself or a third party while making work, teaching or service conditions contingent on compliance, or causing through sexual conduct a situation known to be intimidating, hostile or humiliating for the victim. Incest is an orogenital act or sexual penetration with a person related by sharing or holding physical custody or parental authority, by being an ascendant or descendant, by being a collateral relative by blood or adoption up to the third degree, or by being related by blood, adoption or affinity.

• Acting as fast as possible and seeking medical attention immediately, at the nearest hospital emergency room or at the Rape Victims Aid Center, where a Rape Kit should be performed.Verified against the official source
• If possible, not altering the physical scene where the events took place.Verified against the official source
• Calling the Police as soon as possible.Verified against the official source
• If you want to report the aggressor, preserving evidence: not cleaning up, not bathing and, if possible, not changing clothes.Verified against the official source

• The Judiciary’s page publishes no document list: what it asks you to preserve is physical evidence, not paperwork.

1. 1

   Step 1: Act as fast as possible

   That is the first recommendation of the Rape Victims Aid Center, attached to the Department of Health. Everything else depends on time.

2. 2

   Step 2: Seek medical attention immediately

   Go to the nearest hospital emergency room or to the Rape Victims Aid Center. There a Rape Kit should be performed. This is medical care first and evidence second: both happen in the same place.

3. 3

   Step 3: Do not clean up, do not bathe, do not change clothes

   It is the most uncomfortable instruction of all and it is what the Rape Victims Aid Center says verbatim: if you want to report the aggressor, preserving evidence matters; do not clean up, do not bathe and, if possible, do not change clothes. If possible, do not alter the physical scene where it happened either.

4. 4

   Step 4: Call the Police as soon as possible

   The recommendation is to call the Police as soon as possible. If you are in an emergency or facing imminent danger, call or text 9-1-1 or go to the nearest police station.

5. 5

   Step 5: Recognize which offence it is

   Sexual assault: an orogenital act or sexual penetration — vaginal or anal, genital, digital or instrumental — in any of six circumstances, among them that your capacity to consent was diminished by hypnotic, narcotic, depressant or stimulant means without your consent or knowledge; that you were forced by physical force, violence or intimidation; that you lacked capacity to consent and the aggressor knew; that you consented because you were deceived about their identity; that you are under 16; or that illness or mental incapacity prevented you from understanding the act. Lewd acts: without attempting to consummate sexual assault, subjecting another person to an act tending to arouse, excite or satisfy the perpetrator’s sexual passion or desires.

6. 6

   Step 6: If it happened at work, in study, or in a service relationship

   Sexual harassment, as a Penal Code offence, arises in an employment, teaching or service-provision relationship. It involves soliciting sexual favours for oneself or a third party while making work, teaching or service conditions contingent on compliance; or causing, through sexual conduct, a situation known to be intimidating, hostile or humiliating for the victim.

7. 7

   Step 7: If it was a relative

   Incest is an orogenital act or sexual penetration with a person you are related to: by sharing or holding physical custody or parental authority; by being an ascendant — parent, grandparent, great-grandparent — or descendant — children, grandchildren, great-grandchildren; by being a collateral relative — siblings, nieces and nephews — by blood or adoption up to the third degree; or by being related by blood, adoption or affinity.

8. 8

   Step 8: If you obtain a protection order, distribute it

   The Judiciary recommends delivering a copy of the protection order with a photo of the aggressor at your workplace, to security staff where you live, to your immediate neighbours and at your children’s school; delivering a copy at the police station nearest your home; keeping evidence of any communications you receive from the aggressor by phone, text message, social media, regular or electronic mail; and keeping a copy of the order with you at all times.

For medical care and the Rape Kit, the nearest hospital emergency room or the Rape Victims Aid Center, attached to the Department of Health. To report, the Puerto Rico Police. In an emergency or imminent danger, 9-1-1 or the nearest station. Protection orders are requested through the Tribunal Electrónico.

• Bathing before going to the hospital: the recommendation is not to clean up, not to bathe and, if possible, not to change clothes if you want to report.
• Cleaning the place where it happened: if possible, the physical scene should not be altered.
• Waiting to decide whether to report before seeking medical care: care comes first, and the Rape Kit is done right there.
• Believing there is no offence without penetration: lewd acts are a separate offence.
• Thinking sexual harassment is only a workplace issue: the Penal Code criminalizes it in employment, teaching and service-provision relationships.
• Assuming consent because there was no resistance: if you were deceived about the person’s identity, if you lacked capacity to consent and they knew, or if you are under 16, the law does not treat it as consent.

These are the government pages this guide is based on.

• Poder Judicial de Puerto Rico

  Poder Judicial

  poderjudicial.pr

• Judiciary’s Tribunal Electrónico

  Poder Judicial

  poderjudicial.pr